What You Need to Know About Arizona’s Kratom Consumer Protection Act

A scenic Arizona landscape

It’s hard not to get excited about the Arizona Kratom Consumer Protection Act. Thanks largely to a hostile federal stance based on bad science, pressure has been increasing across local, state, and national governmental bodies to restrict or ban Kratom outright. To meet this growing threat to individual liberties, Kratom advocates in several states have pushed for the adoption of a Kratom Consumer Rights Act to protect their access to Kratom at the state level. In Arizona, these advocates have scored a major victory that will help protect the rights of Arizona residents.

Kratom Under Fire

Kratom, or Mitragyna speciosa, is an evergreen tree native to Southeast Asia, where it grows in the dense, hot rainforests prevalent in the region. For hundreds of years, it has been used by indigenous peoples as a medicinal plant to improve focus, relieve pain, and feel better. The FDA, however, sees it in a different light.

Under the direction of former FDA Commissioner Scott Gotlieb, the regulatory body has actively pushed to list Kratom as a controlled substance. While so far unsuccessful, bills like the Arizona Kratom Consumer Protection Act provides a framework for citizens to access the Kratom they want.

Three law books next to an open journal

Intrastate Challenges

The act was further necessitated by the stance taken by the Arizona Board of Pharmacy. Following the lead of the FDA, the BoP advocated banning Kratom outright within the state. The problem with the FDA’s stance on Kratom is that there is no science to justify a ban and, unfortunately, a draconian stance on research has kept relevant studies to a minimum.

In their stead, the FDA turned to computer modeling, which is reliant on quality data input to provide quality output. The results of this computer modeling showed just what they were intended to: enough scary figures to pressure organizations into compliance with the FDA’s position. Thankfully, the members of the Board of Pharmacy took the time to listen to Arizona advocates.

Courageous Legislators

Rep. Tony Rivero introduced the Arizona Kratom Consumer Protection Act earlier this year, using the American Kratom Association’s draft legislation. The BoP switched their support from an outright ban to extending enthusiastic support of the bill, adding a respected voice to help sway legislators. After passing the Arizona House and the Senate with one-sided votes in favor of the resolution, it was signed into law by Governor Ducey. This made Arizona the latest state to take up and pass the AKA’s model for responsible, regulated access to Kratom.

What This Means For the People Of Arizona

The Arizona Kratom Consumer Protection Act makes access to Kratom safer and helps ensure that the products offered are safe and potent. While it does not affect the FDA’s view of Kratom, it does help enthusiasts everywhere show that there is a path forward for states that tire of the federal overreach that could prevent their citizens from accessing high-quality Kratom.

  • Sets Disclosure Rules For Honest Kratom Businesses – Under the act, anything which is sold as Kratom or containing Kratom must be able to show that it does, in fact, have Kratom. This helps protect consumers from shady manufacturers using Kratom to market other substances.
  • Creates Rules To Prevent Contamination – Kratom products can only be made with safe ingredients, conform to a maximum concentration of 7-hydroxymitragynine, not be mixed with synthetic alkaloids, or contain substances that can affect the Kratom’s potency and effectiveness.
  • Requires Clear Labeling Of Active Compounds – All products must be clearly labeled with the amount of 7-hydroxymitragynine and mitragynine they contain.
  • Forbids the Sale To Minors Of Any Kratom Product – Kratom should only be sold to adults who can understand the use, benefits, and risks Kratom may offer and make a responsible choice about their health and wellness.
  • Sets Penalties For Failure To Follow the Law – The Arizona Kratom Consumer Protection Act also includes penalties for those dealers, distributors, or processors who choose to flout the law. It also allows for civil action by injured parties, increasing the pressure for businesses to do the right thing and keep Kratom safe and safely in responsible hands.

Vigilance Is Needed

While this was a great step for the citizens of Arizona, it was a battle won, and not the war itself. Advocates are still needed to push for protections similar to the Arizona Kratom Consumer Protection Act in most states and at the Federal level, where the new FDA Commissioner has yet to chart a friendlier path toward Kratom. As cannabis advocates can attest, a single state’s action does not itself end the overreach, rather a unity of purpose and firm action among both states and the body of citizen-advocates as a whole is needed.

What Can You Do?

You hold the key to helping secure the rights of adults to responsibly choose whether Kratom is right for their needs. Starting your journey to better Kratom advocacy is staying informed of the latest issues by visiting the Kratom Spot Blog. Speak with your legislators on the local, state, and federal level about your position that Kratom should be available as an option to responsible adults. As election season nears, more and more will be leaving the confines of Washington D.C. and the state capitols to make their case for your vote. Now is the time to point them toward the success of the Arizona Kratom Consumer Protection Act.